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CARY MARINE, INC. v. MOTORVESSEL PAPILLON

No. 88-3516.

872 F.2d 751 (1989)

CARY MARINE, INC., Plaintiff-Appellant, v. The MOTORVESSEL PAPILLON, et al., Great Lakes Cary Corporation, Donald B. McCann, Defendants and Third Party Plaintiffs-Appellees, Randy Postma, Third Party Defendant.

United States Court of Appeals, Sixth Circuit.

Decided April 18, 1989.

Attorney(s) appearing for the Case

William D. Carle, Ray, Robinson, Hanninen & Carle, Cleveland, Ohio, LeRoy Kramer (argued), Racine, Wash., for Cary Marine, Inc.

Donald B. McCann (argued), Cleveland, Ohio, pro se and for the Motorvessel Papillon, et al., Great Lakes Cary Corp.

Before KEITH, JONES and GUY, Circuit Judges.

RALPH B. GUY, Jr., Circuit Judge.

Plaintiff, Cary Marine, Inc. (Cary), brings this interlocutory appeal to challenge the district court's refusal to issue a warrant to arrest the motor vessel "Papillon" pursuant to Rules C and D of the Federal Rules of Civil Procedure Supplemental Rules For Certain Admiralty and Maritime Claims, 701 F.Supp. 604. Finding admiralty jurisdiction lacking, we affirm the district court's ruling.

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